[ G.R. No. 2170, April 18, 1905 ]
THE UNITED STATES, COMPLAINANT AND APPELLEE, VS. JUAN CADAY AND FORTUNATA NAVARRO, DEFENDANTS AND APPELLANTS.
D E C I S I O N
The evidence shows sufficiently that the crime was committed. The defense in this instance does not, in fact, discuss this point; it confines itself to basing its allegations on the supposed consent of the offended husband to the adultery. This, if true, would be sufficient reason to exempt both the adulterers from punishment, in accordance with the provisions of paragraph 2 of article 434 of the Penal Code.
The judge has decided and treated this aspect of the question in the judgment appealed from, and in conformity with the considerations set forth herein we declare that there is no proof in the trial of the case that the complainant consented to the adultery as urged by the defense without any foundation. Therefore, we affirm the judgment appealed from, with the costs in this instance against the appellant. So ordered.
Arellano, C. J., Torres, Johnson, and Carson, JJ., concur.